RELEASE OF LIABILITY AND ASSUMPTION OF RISK

 

Last updated: April 9, 2024

 

This Release of Liability and Assumption of Risk Agreement (“Agreement”) is dated as of the Effective Date, which is the last date identified below, between Fit For Everything, LLC, a Kansas limited liability company (the “Company”), and the undersigned individual (“Member”). As valid consideration for participation in the Activities (as defined below) with Fit for Everything, the undersigned agree(s) as follows:

1. Nature of the Activities. The Company offers group and individual exercise and nutrition programs, including instruction on how to perform a number of exercise-related physical activities, meal-preparation and dieting, and a number of other fitness-related activities (“Activities”). The Activities involve a variety of risks, including, but not limited to injuries, illnesses or accidents that may occur as a result of (i) the use of amenities or equipment or participation in any class, program, personal training or instruction provided by the Company, (ii) any instruction, training, supervision, or dietary recommendations, and (iii) the Member or Company’s negligence. Member understands that certain health factors may be complicated through the Activities, including but not limited to high blood pressure, elevated total cholesterol/high density lipoprotein cholesterol ration, abnormal resting ECG, coronary or other atherosclerotic disease, and diabetes mellitus. The Activities involve risk of serious physical or mental injury, which may include permanent disability and even death. The Activities may be tailored by the Company for use by expecting mothers who have unique health and fitness needs or dietary restrictions and, in addition to the aforementioned health risks to the Member, the Activities involve risk to the fetus including, but not limited to, hypoxia, hyperthermia, abnormal heart rate changes, birth defects, or miscarriage. 

 

1. Assumption of Risks. MEMBER IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. MEMBER ACKNOWLEDGES THAT ANY INJURIES SUSTAINED MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, MEMBER ACKNOWLEDGES THAT HE/SHE IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM HIS OR HER PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

 

1. Release of Claims. To the fullest extent permitted by law, Member hereby waives and releases any and all claims, now known or hereafter known, against the Company and its officers, directors, managers, members, agents, employees, affiliates, successors, and assigns (collectively, the “Protected Parties”) arising out of or attributable to Member’s participation in the Activities, whether arising out of the ordinary negligence of the Company or any Protected Parties or otherwise. Member covenants not to make or bring any such claim against the Company or any other Protected Parties, and forever releases and discharges the Company and all other Protected Parties from liability under such claims. 

 

1. Indemnity. Member agrees to indemnify, defend, release, and hold harmless the Protected Parties from and against all claims, causes of action, suits, losses, liabilities, damages, fines, penalties, liens, judgments, settlements, proceedings, costs, fees, and expenses (including reasonable attorneys’ fees and court or other costs) of any nature whatsoever for or relating to death, bodily injury or property loss or damage resulting from, relating to, or caused by (whether in whole or in part) any of the following matters: (a) Member's active or passive participation in, or observance of, any of the Activities; or (b) any claims arising out of the negligent, grossly negligent, or willful acts or omissions of Member or any guest or invitee of the Company. The indemnity contained in this paragraph will apply even if any such injury or damage is caused in whole or in part by the negligence, fault, or strict liability of the Protected Parties or Member, but will not apply to the extent any such injury or damage is caused by the willful misconduct of the Protected Parties.

 

1. Waiver of Jury Trial. MEMBER HEREBY KNOWINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AGREES TO WAIVE ALL RIGHT TO A BENCH TRIAL AND A TRIAL BY JURY OF ANY CLAIMS ARISING FROM PARTICIPATION IN THE ACTIVITIES.

2. Acknowledgments by Member. Member acknowledges that Member would not be granted the ability to participate in the Activities but for these acknowledgments: 

3. Member possesses a sufficient level of skill and physical fitness for safe participation in the Activities; 

4. Member agrees to attempt only activities that Member believes he or she is capable of performing safely; 

5. Member does not have any health problems that would not allow him or her to participate in the Activities; 

6. Member has received medical clearance from Member’s physician prior to participation in the Activities; 

7. Company may, but is not required to, administer, provide, or secure emergency medical care or transportation when deemed necessary by Company and Member shall assume all costs of emergency medical care and transportation; 

8. It is Member’s duty to inform the Company and cease participation in the Activities if Member should feel any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains); 

9. Company may terminate Member’s participation when it determines Member to be incapable of safely participating in the Activities; and 

10. Member agrees to obey all safety rules while participating in the Activities.

 

1. Miscellaneous Terms. This Agreement constitutes the entire agreement between Member and the Company and supersedes any and all previous oral or written promises or agreements. This Agreement may only be modified in writing. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Member and Company and their respective heirs, successors, and assigns. Venue for any arbitration or other allowable action brought hereunder or as a result of Member’s participation in the Activities shall lie in Atchison County, Kansas and only the substantive laws of Kansas shall apply. By signing below, Member authorizes Company to communicate with Member via email with updates, news, advertisements, and offers. Wherever any words are used herein in the masculine or feminine gender, they shall be construed as though they were also used in another gender in all cases where they would so apply.

 

1. License. For good and valuable consideration the receipt of which is hereby acknowledged, Member irrevocably grants Company and its affiliates (collectively, “Company”) and Company’s assigns, licensees and successors the right to use all or a portion of my image (including real and personal property owned by me) and name in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose throughout the world and in perpetuity. Member waives the right to inspect or approve versions of images used for publication or the written copy that may be used in connection with the images. Member releases Company and Company’s assigns, licensees and successors from any claims that may arise regarding the use of Member’s statements or images including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity or copyright. Company is permitted, although not obligated, to include my name as a credit in connection with the image. Company is not obligated to utilize any of the rights granted in this Agreement.

 

1. Acknowledgment & Understanding. Member acknowledges that he/she has read this Agreement in its entirety, fully understands its terms, and understands that he/she is giving up substantial legal rights herein, including his/her right to sue. Member acknowledge that he/she is signing this Agreement freely and voluntarily, and intends by Member’s signature, to completely and unconditionally release the Protected Parties from all liability due to ordinary negligence and the inherent risks of the Activities to the greatest extent permitted by the laws of Kansas. 

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